CJN: Lawyers list expectations for Kekere-Ekun

The nation witnesses the dawn of a new judicial era today as Justice Kudirat Kekere-Ekun steps in, in acting capacity as the Chief Justice of Nigeria, sparking a wave of optimism amongst lawyers, writes ONOZURE DANIA

Today, Justice Kudirat Kekere-Ekun wll become the second female Chief Justice of Nigeria, who takes over the leadership of the Supreme Court, after Justice Olukayode Ariwoola, who came into office on June 27, 2022, bows out upon attaining the mandatory retirement age 70.

The National Judicial Council last week recommended Justice Kudirat Kekere-Ekun for the office of the Chief Justice of Nigeria.

The decision to allow Kekere-Ekun, to occupy the office was taken at the council’s meeting which was held on August 14 and 15, 2024.

“The NJC at its 106th meeting presided over by Justice Olukayode Ariwoola who bows out today, recommended Justice Kekere-Ekun to President Bola Tinubu and for appointment as the CJN.”

Though she has not been confirmed by the president, but as the most senior justice of the Supreme Court, she might likely be the next substantive CJN.

Kekere-Ekun is the fifth and youngest female to be appointed as a Justice of the Supreme Court. Kekere-Ekun, who is 66 years old, was born in London, United Kingdom on May 7, 1958. She went to Queen’s College, Lagos, in 1970.

Justice Kekere-Ekun attended the University of Lagos between 1977 and 1980, obtaining a Bachelor’s degree in law. She also attended the Nigerian Law School between 1980 and 1981 and was called to the Nigerian Bar in July 1981.

From 1981 to 1982, she had her National Youth Service Corps at the Ministry of Justice, Benin City, Bendel State (now Edo State). Afterward, she proceeded to the London School of Economics and Political Science where she obtained a master’s degree in law in 1983.

Kekere-Ekun was later appointed by the Lagos State Judiciary as a Senior Magistrate Grade II in December 1989. This marked the beginning of her career on the bench. Subsequently, she was appointed a Judge of the High Court of Lagos State on July 19, 1996. In September 2004, Kekere-Ekun was elevated as a justice to the Court of Appeal.

 At the Court of Appeal, she served in five different divisions across the country. She was the pioneer Presiding Justice of the Makurdi Division of the Court of Appeal and also served as the Presiding Justice of the Akure Division of the Court of Appeal before her elevation to the Supreme Court on July 8, 2013.

She belongs to several professional associations and groups, including the National Association of Women Judges; International Association of Women Judges; Body of Benchers – Life Bencher W.E.F. 8th February 2018; Nigerian Institute of Advanced Legal Studies (Fellow); and International Dispute Resolution Institute (Fellow).

As Justice Kudirat Kekere-Ekun steps into her new role, Nigerians are eager to see how she will tackle the numerous challenges facing the judiciary, from issues of corruption to the need for judicial reform.

Legal scholars and practitioners voiced their insights and expectations, hoping that Kekere-Ekun would guide the judiciary toward a more effective and efficient future.

Mrs Titilola Akinlawon (SAN) expressed her confidence in Justice Kekere-Ekun’s track record as a woman of impeccable honour and integrity.

“Her antecedents speak volumes. She has consistently demonstrated a commitment to justice and fairness, qualities that are desperately needed to address the challenges facing our judiciary today,” says Akinlawon.

She emphasised the importance of discipline within the judiciary, pointing out that her role would be critical in restoring public confidence in the justice system.

“I think the discipline of judicial officers should be paramount,” she stated, saying that, “For too long, we have witnessed the erosion of ethical standards within the judiciary. It is time to put mechanisms in place that will address the rot and ensure that the judiciary remains a bastion of justice.

“A transparent and accountable judiciary is essential for the proper functioning of our democracy. Justice Kekere-Ekun has the experience and the moral fortitude to lead this charge.”

On his part, Prof. Taiwo Osipitan (SAN) offered strategic recommendations to Kekere-Ekun saying, “There must be a reduction in the number of cases getting to the Supreme Court through leave granted to appeal against concurrent findings of facts and mixed law and facts.”

Osipitan also said that “introducing very strict conditions for granting such leave is essential to ensuring that only cases of significant legal importance make it to the apex court.”

“Awarding costs on an indemnity basis should be introduced to discourage frivolous appeals in the Supreme Court. This will not only deter unnecessary litigation but also streamline the court’s docket, allowing it to focus on matters of critical importance.”

According to Osipitan, the current system, which demands a significant number of cases conducted at the Supreme Court and Court of Appeal, inadvertently contributes to the congestion of these courts.

“The number of cases conducted in the Supreme Court and Court of Appeal by applicants for the rank of Senior Advocate of Nigeria should be scaled down,” he advised.

Osipitan advised that “Kekere-Ekun should give serious consideration to a conference of stakeholders, purposely to reconcile the various conflicting decisions of appellate courts.

“Efforts should be made by the incoming CJN to ensure the appointment of at least one member of the inner Bar and an academician directly to the apex court and the Court of Appeal. This will ensure a cross-fertilisation of ideas which will positively impact the decisions of our appellate courts.”

Dr Joseph Nwobike (SAN) believes that Justice Kekere-Ekun’s extensive experience and exceptional track record will significantly impact the judicial system.

“Justice Kekere-Ekun is a first-class judicial officer who has passed through all the strata of the judiciary to the highest office.

“She will definitely bring her wealth of experience to bear in the discharge of her duties and the pursuit of the desired reforms in the sector,” says Nwobike.

He also highlighted the importance of leveraging the full capacity of the benches in the Supreme Court and Court of Appeal, saying, “She should take benefit of the full complement of the benches of the Supreme Court and the Court of Appeal in implementing strategies that will quicken the determination of cases at these courts.”

Dr Nwobike also called on all stakeholders within the justice system to support Kekere-Ekun’s efforts.

“I urge all the stakeholders in the justice system to cooperate with her for the betterment of the most important arm of the government of Nigeria,” he said. Nwobike emphasised collaboration as the key to achieving the reforms needed to restore public confidence in the judiciary.

Paul Ananaba (SAN), while speaking on his expectations from the incoming CJN, emphasised the need for significant reforms within the judiciary, starting with the training and certification of court officials, including bailiffs and registrars.

“The courthouse should be a courthouse and not just any kind of place,” he asserted, highlighting the importance of a professional environment within judicial settings.

Ananaba also called for the deployment of modern technology in the judiciary, stressing that in the current age, technology should be harnessed to ensure transparency and efficiency in court proceedings.

“There’s no part of Nigeria you cannot make phone calls. Technology should be deployed so that you can get Certified True Copies, or whatever the high-profile court case can be, is covered by technology. Both the judge and the lawyers will be cautious, and you can get CTCs easily,” Ananaba stated.

In a bid to alleviate the burden on the Supreme Court, Ananaba proposed the establishment of regional Supreme Courts in each geopolitical zone, suggesting that such courts could handle issues like chieftaincy disputes, landlord-tenant cases, and boundary disputes.

Ananaba also called for reforms in the nomination and election of judges, advocating a system that allows judges who resign under pressure or refuse to compromise their principles to return to legal practice.

Furthermore, he stressed the need for swifter disciplinary actions against judges who err, noting that, “We should step up the discipline of judges, and there shouldn’t be delays in disciplining judges. This way, our judicial system will start working a lot better.”

Also, Mr Ige Asemudara highlighted the considerable tasks awaiting Justice Kekere-Ekun, particularly the urgent need to decongest the Supreme Court’s dockets, which have become overwhelmed with appeals.

He emphasised the importance of utilising the full complement of Justices now in place at the Supreme Court to tackle the backlog of cases, especially those that have lingered for years.

“Importantly, the tasks ahead of her are similar to those faced by previous Justices of the Supreme Court. Among these tasks is the urgent need to decongest the dockets of the Supreme Court from the deluge of appeals that have clogged it.”

“Thankfully, this time around, we have the Supreme Court fully empanelled. We have the full permissible number of Justices of the Supreme Court in place, so I expect that this new judicial administration will take advantage of it,” he said.

Beyond case management, Asemudara expressed hope that Justice Kekere-Ekun would also address other critical issues, such as the discipline of judges and the regulation of the legal profession.

“There are several things that leadership can correct on the bench of the Supreme Court, including the discipline of judges and the regulation of the legal profession. We expect that she puts her hand in these things, and God will help her,” Asemudara said.